Tax Laws Amendment (2005 Measures No. 2) Act 2005 (78 of 2005)

Schedule 3   Deducting expenditure on telecommunications rights

Part 2   Rights of access to telecommunications sites

Income Tax Assessment Act 1997

12   Application of amendments

(1) The amendments made by this Part apply in relation to expenditure incurred on or after 12 May 2004.


(2) Those amendments do not apply to expenditure incurred by an entity to acquire a right if:

(a) the right was acquired by the entity before 12 May 2004; and

(b) the entity becomes a member of a consolidated group or MEC group on or after that day; and

(c) because of subsection 701-55(2) of the Income Tax Assessment Act 1997, the right is taken to have been acquired on or after that day.


(3) However, if:

(a) an entity incurs expenditure on or after 12 May 2004 relating to telecommunications site access rights (the new rights ) granted to the entity on or after that day in relation to a facility; and

(b) before that day, the entity had other telecommunications site access rights (the earlier rights ) of the same kind in relation to the same facility; and

(c) the earlier rights end before they would ordinarily have ended under the contract under which they were granted;

then, to the extent (if any) that the new rights provide the same ability to share the facility, install the facility or enter or cross the premises as the earlier rights, the amendments made by this Part do not apply to so much of the expenditure as is reasonably attributable to the extent of that ability.